| Since its establishment in 1987,China Anti-Excitement Testing Center has signed the "World Anti-Doping Regulations" and formulated the "Anti-Doping Regulations",and the work of our government to combat doping has been on the way.At present,although China’s anti-doping work has made great progress,there are still many practical problems,including the defects in the design of anti-doping system and the difficulties encountered in its implementation.Since the implementation of the "Thirteenth Five-Year Plan",China has further promoted the "four comprehensive" strategic layout,and the state attaches great importance to the promotion of the concept of administration according to law.From the big background,the legal society has turned to a society ruled by law,which has laid a good trend foundation for administration according to law.This means that the bondage of power will be more severe,the phenomena of disorderly administration and substituting power for law will be severely cracked down,and China will enter a more fair and just legal era.The same is true of anti-doping supervision.Under the background of ruling the country by law in an all-round way,how to improve the division of anti-doping responsibility of Chinese athletes’ management units is the main problem to be studied in this paper.By collecting cases of doping violation disputes and related literature,this paper focuses on doping disputes,studies the difficulties in the division of domestic anti-doping responsibilities,and puts forward the problems existing in the practical application of the regulations.Finally,some suggestions are put forward to improve the division of anti-doping responsibility of athletes’ management units in China.According to the research in this paper,the following conclusions are drawn:1.China’s anti-doping system is mostly concise,but at the same time it can’t avoid the shortcomings of emptiness and lack of science.When athletes are trained by many parties,it will be difficult for athletes’ management units to identify doping violations.2.It is difficult to prove the responsibility of the management unit of the athletes’ management unit for violating the regulations,which is mainly reflected in the difficulty in obtaining evidence of the doping violations of the athletes’ management unit and the difficulty in proving the fault of the athletes’ management unit for the violation results.3.The multiple identities of a single sports association may affect the fairness of the hearing results.When a doping violation case occurs,a single sports association is not only the investigator of the doping violation case,but also the main body of the doping violation punishment,and the arbiter of the doping violation complaint channel,so that a fair and notarized hearing conclusion may not be obtained in the end.4.For cases of doping violations,China has made specific provisions on what kind of punishment athletes,athletes’ management units and auxiliary personnel should receive in the Anti-Doping Regulations,General Rules for the Control of Excitators in Sports and other relevant provisions,but the provisions on the supervision process of their doping violations are mostly concise,and the responsibilities and organizational system of anti-doping work are not clear.Suggestion:1.Before investigating the doping responsibility of the management unit,first define the management unit of the athletes who violate the doping regulations,involving athletes who are jointly and jointly trained.Each athlete management unit should clarify the responsibilities of all parties in anti-doping work,and specify the unit and person in charge who carry out specific anti-doping work for athletes in relevant agreements.The terms of the agreement shall comply with the relevant anti-doping regulations,conform to the actual work,ensure fairness and reasonableness,and straighten out the relationship of responsibilities.2.Correctly understand the relationship between the responsibilities of the athletes’ management unit,the athletes’ personal responsibilities and the athletes’ auxiliary personnel,and determine the fault of each responsible party respectively,and each responsible party needs to separately prove that it has fulfilled its doping obligations.3.When athletes and athletes’ management units dispute the doping test results,in order to avoid disputes,doping violation hearings will be held.In order to enhance the fairness of doping hearings and the trust of the parties,the selection criteria of hearing committees can be refined,the criteria for the selection of hearing committees and the selection of members can be determined in the regulations,and the election methods of hearing officers will be made public at the first time,giving the parties the right to participate in the selection of hearing officers.4.Intensify the supervision over the enforcement of penalties for stimulant violations,carry out the construction of provincial anti-doping organization system,and strengthen the capacity building of provincial anti-doping institutions and anti-doping staff. |